AR-15 Purchase (legal) question

[Broc]

I need your digits just in case I find myself getting twisted up by the man

Google.

 

[tung tide]

you need a license to have a round of .22 in MA? lol, I thought that was a joke

You bet your bippy, Mister. That lowly little Thunderbolt could potentially be loaded into a pre-ban, hi--cap plastic, err I think we call it carbon now, Ruger 10/22 banana magazine --- very scary

 

[Drix]

Did anyone say "Hi Andrea!" yet?

 

[nstassel]

Also, we don't know, and I wouldn't expect Neil to tell us, why this guy got arrested. That probably determines what they will throw at someone. I doubt someone will get arrested for shooting an AR at the range (assuming there is nothing stupid going on).

It's true that almost always there's a precipitating event. In this case his wife called police on him because he was drunk and damaging the house.

 

[Broc]

It's true that almost always there's a precipitating event. In this case his wife called police on him because he was drunk and damaging the house.

Thank you. Gives it a little more context.

By the way, I refered you to a buddy getting his LTC, he had a small problem as a minor. Told me he spoke with you and you were great. Thank you!

 

[DW357]

It's still going and will be for awhile. The point is police think the edict is valid and try to destroy lives with it.

Disgusting. They’re trying really hard to screw this guy. Guess not much going on in Medway

 

[paul73]

Did anyone say "Hi Andrea!" yet?

not enough charisma there. not yet spooky enough to hi.

 

[Warm_Garand]

Here is the page of the most recent example of the edict being cited as law by police in my practice. Is this real enough?

This guy spent 8 days in jail before I was hired and got him out. Cops will arrest you with glee if they have the chance and the DA will wet their pants with excitement to hold you in jail. This prosecutor was unaware that anyone with an LTC can not be charged with unlawful possession of a large capacity feeding device, nor did the lawyer his family originally hired, nor did the judge who held him and none of them bothered to read the statute.

Sir--thank you for sharing this information. That is a disturbing read. It reads to me that he ran afoul of the ACTUAL laws of the Commonwealth by failing to register a rifle he had constructed (built on an unserialized 80% lower receiver) within the allowed time period, AND he also completely ignored the ban on "features"--flash hiders, etc.

While the picture the affidavit paints is incomplete, they also seem to be inferring the "constructive intent" to manufacture other illegal rifles based on the fact that he had extra rifle parts in his possession.

Question: To your knowlege, have there been any legal charges brought against people who LAWFULLY registered rifles in the LAWFUL time frame which they built on 80% or post- "Press Conference AR15 Ban" lowers, but which conform LAWFULLY to the acknowleged "Assault Weapons Ban" features list?

 

[Reptile]

Here is the page of the most recent example of the edict being cited as law by police in my practice. Is this real enough?

This guy spent 8 days in jail before I was hired and got him out. Cops will arrest you with glee if they have the chance and the DA will wet their pants with excitement to hold you in jail. This prosecutor was unaware that anyone with an LTC can not be charged with unlawful possession of a large capacity feeding device, nor did the lawyer his family originally hired, nor did the judge who held him and none of them bothered to read the statute.

Wow!!!

That makes truly Pre Healey AR15 lowers worth their weight in gold!!!

Better to pay the big bucks for a Pre Healey than end up in Prison Gen Pop.

 

[paul73]

makes truly Pre Healey AR15 lowers worth their weight in gold

ha-ha.

not.

 

[Broc]

t reads to me that he ran afoul of the ACTUAL laws of the Commonwealth by failing to register a rifle he had constructed (built on an unserialized 80% lower receiver) within the allowed time period

Meh, unless he took pictures and texted friends, no one can prove when he finished it.

 

[DW357]

Sir--thank you for sharing this information. That is a disturbing read. It reads to me that he ran afoul of the ACTUAL laws of the Commonwealth by failing to register a rifle he had constructed (built on an unserialized 80% lower receiver) within the allowed time period, AND he also completely ignored the ban on "features"--flash hiders, etc.

While the picture the affidavit paints is incomplete, they also seem to be inferring the "constructive intent" to manufacture other illegal rifles based on the fact that he had extra rifle parts in his possession.

Question: To your knowlege, have there been any legal charges brought against people who LAWFULLY registered rifles in the LAWFUL time frame which they built on 80% or post- "Press Conference AR15 Ban" lowers, but which conform LAWFULLY to the acknowleged "Assault Weapons Ban" features list?

Where did it say anything about failing to register the rifle within an allowed time? It is late but am I missing something?

 

[paul73]

Meh, unless he took pictures and texted friends, no one can prove when he finished it.

it is still a growing suspense - are we all gonna go to jail in February, or not.
so much anticipation, so much anxiety. it is mesmerizing.

people are just too afraid of jail too much. once you accept it as an inevitable part of life - the shitheads in power have nothing else to use against you.

 

[paul73]

Where did it say anything about failing to register the rifle within an allowed time? It is late but am I missing something?

the scare is in the air.

 

[Warm_Garand]

Where did it say anything about failing to register the rifle within an allowed time? It is late but am I missing something?

I'm extrapolating from #15. The assertion is that these rifles were not registered BEFORE the date of the Press Conference Ban.

There is nothing being asserted that they were registered "improperly" AFTER the "ban".

The fixatiion seems to be on illegal ban features, and that they were "unregistered ghost guns".

 

[Warm_Garand]

it is still a growing suspense - are we all gonna go to jail in February, or not.
so much anticipation, so much anxiety. it is mesmerizing.

people are just too afraid of jail too much. once you accept it as an inevitable part of life - the shitheads in power have nothing else to use against you.

You sure type tough.

Did you make it down to Lobby Day in Richmond, VA?

 

[DW357]

I'm extrapolating from #15. The assertion is that these rifles were not registered BEFORE the date of the Press Conference Ban.

There is nothing being asserted that they were registered "improperly" AFTER the "ban".

The fixatiion seems to be on illegal ban features, and that they were "unregistered ghost guns".

I was interpreting your post to mean they didn’t register it within 7 days of assembly ie capable of firing a shot.

 

[paul73]

You sure type tough.
Did you make it down to Lobby Day in Richmond, VA?

my childhood was spent around petty criminals, all those 'days' are lost on me. sorry.
i ain't no protester. i am for equality - to hate all equally.

 

[Warm_Garand]

I was interpreting your post to mean they didn’t register it within 7 days of assembly ie capable of firing a shot.

If the rifle wasn't on the books and "registered" via FA-10 to him, that would be a logical assumption.

As for those who might be tempted to play f*ck-f*uck games with "You can't prove when I actually built it"--that might hold for the first couple months of regular use, and maybe it's an argument that sounds vaguely clever from atop a bar stool, but it doesn't seem like an intelligent long-term strategy, and certainly not a choice defense strategy when you are paying a lawyer by the hour to keep you out of jail and off the long list of firearms felons.

People have asked me for advice about AR15's, and what I tell them is that IF you build a lower then you SHOULD register it within a week of it being able to fire a shot--because THAT is an actual law, and you CAN be punished for failing to do that.

I'd be very curious if people are being selectively prosecuted for lawfully registering post "Press Conference Ban" rifles.

 

[Mesatchornug]

it is still a growing suspense - are we all gonna go to jail in February, or not.
so much anticipation, so much anxiety. it is mesmerizing.

people are just too afraid of jail too much. once you accept it as an inevitable part of life - the shitheads in power have nothing else to use against you.

Want to be Gym buddies?

Once we get sent to the gulag, it's either that or a book club.

 

[Warm_Garand]

my childhood was spent around petty criminals, all those 'days' are lost on me. sorry.
i ain't no protester. i am for equality - to hate all equally.

Fair enough.

 

[Da_lucche]

If the rifle wasn't on the books and "registered" via FA-10 to him, that would be a logical assumption.

As for those who might be tempted to play f*ck-f*uck games with "You can't prove when I actually built it"--that might hold for the first couple months of regular use, and maybe it's an argument that sounds vaguely clever from atop a bar stool, but it doesn't seem like an intelligent long-term strategy, and certainly not a choice defense strategy when you are paying a lawyer by the hour to keep you out of jail and off the long list of firearms felons.

People have asked me for advice about AR15's, and what I tell them is that IF you build a lower then you SHOULD register it within a week of it being able to fire a shot--because THAT is an actual law, and you CAN be punished for failing to do that.

I'd be very curious if people are being selectively prosecuted for lawfully registering post "Press Conference Ban" rifles.

Remember they can charge you with anything regardless of it holding up in court. SA and DAs love to stack charges knowing that most may not stand up in court in order to scare tactic a plea bargin for a lesser charge so they get their win.

 

[Johnnycash2017]

Sorry if this is off topic from @Medellin's question. What about guns that were made pre-2016 that was from out of state? Is an AR or AK that's got 2002, for example, as a D.O.M. ok?

Quoting the Enforcement Notice:

"Application of this Enforcement Notice (individual gun owners):
The Guidance will not be applied to possession, ownership or transfer of an Assault weapon obtained prior to July 20, 2016."

Say I see an AR or AK clearly made in for ex: 2004, for sale on GunBroker, how does that come into play? @Joeldiaz

 

[40 Creedmoor fan]

Is an AR or AK that's got 2002, for example, as a D.O.M. ok?

As long as they're compliant with the AWB(pinned muzzle break, fixed stock, no bayonet mount, no grenade launcher mount)

 

[paul73]

What about guns that were made pre-2016

there was only one AWB ban. and it was not around 2016.

 

[Da_lucche]

I was interpreting your post to mean they didn’t register it within 7 days of assembly ie capable of firing a shot.

Unfortunately there isn't any context to #15.

"...were not registered to _ _ _ prior to July 20, 2016" is what it says.

It can be taken one of three ways:

1) the victim registered the lower AFTER July 20th, 2016 so they are charging him for having a post Healey July 2016 ban lower.

or

2) the victim never registered his lower AT ALL, so they are charging him for failure to register the lower within 7 days after being able to fire a round via EFA10.

or

3) the victim never registered his lower AT ALL, so they are charging him for not registering the lower within 7 days of being able to fire a round via EFA10 ANDDDD they are charging him for having a post Healey July 16 ban lower.



Also, in #19, they state the victim was "manufacturing" - so I'm going to assume both rifles that were confiscated were finished 80% lowers with all the evil killy Assault weapon features.

 

[Broc]

I'm extrapolating from #15. The assertion is that these rifles were not registered BEFORE the date of the Press Conference Ban.

There is nothing being asserted that they were registered "improperly" AFTER the "ban".

The fixatiion seems to be on illegal ban features, and that they were "unregistered ghost guns".

After what ban?
The press conference wasn't a ban.

Forget about the fixation, they throw mud at the wall to see what sticks.

If they could charge the guy per grain each bullet weights, they would.

Neil will beat down most of that stuff.

 

[Broc]

Sorry if this is off topic from @Medellin's question. What about guns that were made pre-2016 that was from out of state? Is an AR or AK that's got 2002, for example, as a D.O.M. ok?

Quoting the Enforcement Notice:

"Application of this Enforcement Notice (individual gun owners):
The Guidance will not be applied to possession, ownership or transfer of an Assault weapon obtained prior to July 20, 2016."

Say I see an AR or AK clearly made in for ex: 2004, for sale on GunBroker, how does that come into play? @Joeldiaz

Depends what you go by.

If you go strictly by an INTERPRETATION from the AG, the answer is NO. You can find the FAQ online that answers this. Per the FAQ it has to be registered before 7/20/16 ... although this is retarded because if you did a 4473 before that date (in the case of a complete lower) it should be good to go as proof it was obtained. But again, this is an interpretation, not a law.

If you go by the ACTUAL LAW, as long as it doesn't have the evil features, it is 100% fine. It would still be fine with evil features as long as you ship it to an FFL that will pin the stock and muzzle device to make it AWB compliant. Can't have too much evil, but a little evil is fine.

Remember ... ONE is a LAW. The OTHER is an INTERPRETATION.

Show me where in the law it says a rifle has to be registered before 7/20/16

 

[heck ya beaches]

Wow!!!

That makes truly Pre Healey AR15 lowers worth their weight in gold!!!

Better to pay the big bucks for a Pre Healey than end up in Prison Gen Pop.

gold until some MA politician decides those are "no no"

 

[heck ya beaches]

it is still a growing suspense - are we all gonna go to jail in February, or not.
so much anticipation, so much anxiety. it is mesmerizing.

people are just too afraid of jail too much. once you accept it as an inevitable part of life - the shitheads in power have nothing else to use against you.

what's in february?